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Evidentiary value of dead person's evidence

(Querist) 11 February 2014 This query is : Resolved 
In a Regular Civil Suit instituated in the year 2005;
1. Evidence on affidavit by plaintiff was filed.
2. Defendant remained absent, no cross order passed.
3. Evidence of another witness was filed on affidavit.
4. Deffendant again remain absent, no cross order passed.
5. Deffendant not aduced any evidence, defence closed.
6. Decree passed in favour of plaintiff.
7. Appeal filed and decided in the year 2014, trial court to rehear evidence
8. While pending the appeal one witness died.

QUESTION:
What is the evidentiary value of the evidence of the witnes who has been died after recording his examinition in chief withoutt cross examinition?
Whether court can consider such evidence in its judgment?
Devajyoti Barman (Expert) 11 February 2014
If the witness has not faced cross examination then his evidence has no evidenciary value.
It is not so if his evidence is closed due to
Advocate. Arunagiri (Expert) 11 February 2014
In your case, the lower court had passed decree in your favour, the appellate court had ordered for re trial to rehear the witness.

As the evidence is closed by the lower court and decree also passed, the dead man's evidence is having value as undisputed. But, the court may appraise the facts and weightage of the evidence.

The defendant is having the right to cross examine the other witnesses.
Rajendra K Goyal (Expert) 11 February 2014
Agree with the expert Advocate. Arunagiri ji.
Rajendra K Goyal (Expert) 11 February 2014
Agree with the expert Advocate. Arunagiri ji.


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